Guidelines for Schools & Student Groups and/or Clubs


Here is a list of items to keep in mind as you work to ensure compliance of the Equal Access Act:

- Every student group and/or club must have equal access to places to hold meetings, the school PA system, school periodicals, space on bulletin boards, and any other resource deemed appropriate for all.

-School officials retain the right to monitor any and all groups and/or clubs being held under the "limited open forum"

-Schools preserve the right to establish guidelines for all clubs and/or groups to follow.

-Schools have the right to limit meetings times and locations as long as the rules apply to ALL groups and/or clubs.

-Schools reserve the right to prohibit members of the community from attending student groups and/or clubs.



Here are similar guidelines that student groups and/or clubs need to be aware of and follow when seeking protection under the Equal Access Act:


-That the school being asked to allow the club is a secondary school and receives financial assistance from the Federal Government.
-That the school currently has a "limited open forum" (this means that there is at least ONE student-led, non-curriculum club and/or group that meets outside of the regular class time.

-That attendance for the club and/or group is voluntary.

-The group and/or club MUST be student-initiated

-The group is not sponsored only by the school, teacher, and/or faculty, school employees, or other government employee.

- The group and/or club is not disruptive to the school community.

- That members of the community that not students may not "direct, conduct, control, or regularly attend meetings"


(Source: http://www.k12academics.com/us-education-legislation/equal-access-act/guidelines-schools-under-its-protection)





Safe Harbor Provisions:
U.S.C. §20 4071(c)
"Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that—

(1) the meeting is voluntary and student-initiated;
(2) there is no sponsorship of the meeting by the school, the government, or its agents or employees;
(3) employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;
(4) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
(5) nonschool persons may not direct, conduct, control, or regularly attend activities of student groups."


(Source: http://www.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00004071----000-.html)